Sears Slip and Fall Lawyer

Slip and fall accidents are frequent in large retail stores like Sears, affecting customers across the country. The bustling nature of these stores can sometimes lead to risky conditions, resulting in accidents. Businesses like Sears must maintain a safe environment for shoppers. 

Unfortunately, when they fail to do so, accidents can happen, leading to serious injuries, lost wages, and significant financial burdens for the victims. Understanding your legal rights and the process of seeking compensation can make all the difference in your recovery journey.

This is where the specialized legal expertise of a slip and fall lawyer from Rosenfeld Injury Lawyer comes into play. 

Why Hire Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we understand the complexities of handling slip and fall cases, especially when dealing with large corporations like Sears. Our dedicated team of injury lawyers has a wealth of experience navigating these personal injury and premises liability cases, securing substantial settlements and verdicts for our clients. 

We take pride in our thorough approach to each case, from initial consultation to the final resolution. Our nationwide legal services ensure that we can provide the support and expertise you need regardless of where the accident happened. 

We prioritize our clients’ physical and financial recovery. We’ll secure maximum compensation to ensure that all aspects of their health issues and losses are fully addressed.

Understanding Sears Slip and Fall Accidents

Sears, once a dominant force in the retail market, still operates numerous stores nationwide, offering a wide range of products. These large stores attract a significant number of shoppers daily, increasing the likelihood of accidents due to various hazards. Despite the company’s efforts to maintain safe premises, slip and fall incidents occur.

Common Causes of a Slip and Fall Accident

Slip and fall accidents in a Sears store can arise from various hazardous conditions. Some common causes include:

• Wet or Slippery Floors: Wet floors are a major cause of slip-and-fall incidents, whether due to spills, rainwater tracked inside, or freshly cleaned surfaces.
• Cluttered Aisles: Items left on the floor, such as products, boxes, or debris, can easily trip unsuspecting shoppers.
• Poor Lighting: Dimly lit areas can obscure hazards, making it difficult for customers to see and avoid them.
• Uneven Surfaces: Carpeting issues, uneven tiles, or changes in flooring levels can create tripping hazards.
• Lack of Warning Signs: Failing to post adequate warnings about wet floors or other hazards can lead to accidents.

Common Injuries Sustained

Slip and fall accidents can lead to various injuries, from minor to severe. 

• Broken Bones: Fractures often occur in the wrists, arms, or legs when a person falls and tries to catch themselves.
• Sprains and Strains: Particularly in the ankles or wrists, as people instinctively try to break their fall.
• Head Injury: These can range from mild concussions to more severe traumatic brain injuries (TBI), depending on the fall’s impact.
• Back and Neck Injuries: These can include herniated discs or spinal cord damage, which may result in chronic pain or disability.
• Cuts and Bruises: While often considered minor, these injuries can still require medical attention.

Liability for Sears Slip and Fall Accidents

Establishing liability is crucial in slip and fall cases for obtaining compensation. Sears, like any business, has a legal duty to ensure its premises are safe for customers to avoid a premises liability claim. When it fails in this duty, it can be held liable for any resulting injuries.

Determining Fault

Determining fault in a slip and fall accident involves examining several factors:

• Store’s Responsibility: The Sears store must maintain safe premises. This includes regular cleaning, prompt response to spills, and proper maintenance of all areas.
• Third-Party: Sometimes, third-party contractors, such as cleaning services, may also share responsibility if their actions contribute to the hazardous condition.
• Evidence Collection: Crucial evidence includes surveillance footage, witness statements, maintenance logs, and the condition of the incident scene. This evidence helps establish the timeline of events and the presence of hazards.

Compensation Following a Sears Slip and Fall Accident

Victims of slips and falls at a Sears store may be entitled to:

• Medical Expenses: Covers costs for hospital stays, surgeries, medication, physical therapy, and any other necessary medical care.
• Lost Wages: Covers the income lost due to the inability to work during recovery.
• Pain and Suffering: Monetary remuneration for physical pain and emotional distress resulting from the accident.
• Punitive Damages: In cases where Sears’ negligence was particularly egregious, a judge may award punitive damages to punish the company and deter future misconduct.

Factors Influencing Compensation

Several factors can influence the amount of money awarded in slip and fall cases, including:

• Severity of Injuries: More severe injuries typically result in higher remuneration due to increased medical costs and longer recovery times.
• Impact on Quality of Life: How the injury affects a victim’s daily life and activities.
• Degree of Negligence: The extent of Sears’ negligence in causing the accident. Clear evidence of disregard for safety can increase the remuneration.
• Insurance Coverage: Sears’s insurance policies play a significant role in determining the settlement amount. In some cases, insurance companies may attempt to minimize payouts, making it crucial to have skilled legal representation to advocate on your behalf.
• Comparative Negligence: In jurisdictions that apply comparative negligence laws, the amount a victim can receive may be reduced if they are found partially at fault for the accident. For instance, if a court determines that the person was 20% responsible for the fall, their remount] would be reduced by that percentage.

What to Do Following a Sears Slip and Fall Accident

If you are injured in a slip and fall accident at Sears, taking the proper steps immediately can significantly affect your ability to recover remuneration. Here’s a guide on what to do:

• Report the Incident: Notify Sears store management about the accident. File an official incident report and obtain a copy for your records.
• Seek Medical Attention: Your health is the top priority. Get evaluated by a healthcare professional, even if your injuries seem minor.
• Document the Scene: Take photos and videos of the accident scene, focusing on the hazard that caused your fall.
• Gather Witness Information: Collect contact information from witnesses who saw the incident. Their statements can be valuable evidence.
• Keep Detailed Records: Save all medical bills, treatment records, and correspondence with Sears or insurance companies.
• Consult an Attorney: Contact a slip and fall attorney to discuss your personal injury case and explore your legal options.

The Role of a Slip and Fall Lawyer

An established slip and fall attorney, like those at our firm, can simplify the complex legal process. 

Initial Consultation

During the initial consultation with a slip and fall advocate, you’ll discuss the details of your accident and injuries. This meeting is crucial for the lawyer to understand the circumstances of your case and advise on the best legal strategy. You’ll need to provide relevant documents, such as medical records, the incident report, and any proof you’ve gathered.

Investigation

The lawyer will conduct a thorough investigation to build a strong case. They’ll hire experts to testify about the hazardous conditions that led to your fall. Some even reconstruct the scene to understand how the incident occurred and to illustrate the severity of the hazard. It’s also their job to gather proof, such as surveillance footage, maintenance logs, and witness statements.

Negotiation and Settlement

Most slip and fall cases are resolved through negotiations with Sears’ insurance company. Your lawyer will negotiate on your behalf to reach a fair settlement that covers all your damages.

Representation at Trial

Your case may go to trial if a fair settlement cannot be reached. Your lawyer will present your case in court, arguing why Sears is liable for your injuries and why you deserve remuneration. This includes calling witnesses, presenting proof, and making legal arguments. 

Statute of Limitations for Sears Slip and Fall Injuries

The statute of limitations for filing a personal injury claim varies by state. It’s essential to act promptly and hire a lawyer to file your claim in a timely manner. Delaying can result in losing your right to compensation. The time limit for filing a personal injury claim can range from one to several years, depending on the state’s laws.

Contact a Sears Slip and Fall Lawyer Today!

Call our law firm at (888) 424-5757 or fill out our online form.